[HISTORY: Adopted by the Board of Supervisors of the Township of White 6-8-1977 by Ord. No. 855, amended in its entirety 9-23-2015 by Ord. No. 1070. Subsequent amendments noted where applicable.]
Streets and sidewalks — See Ch. 270.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling as herein defined.
- The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or upon private property within the Township. The words "soliciting" and "peddling" shall not apply to:
- (1) Farmers seeking or taking orders for the sale of their own product(s).
- (2) The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
- (3) The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
- (4) The seeking or taking of orders by insurance agents or brokers, licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
- (5) Persons, corporations, partnerships and associates, their agents or employees, who have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
- (6) Representatives and members of Boy Scouts of America, Girl Scouts of America, Lions, Kiwanis, American Association of Retired Persons, Disabled American Veterans, YWCA and YMCA, YWHA and YMHA, Red Cross, Salvation Army and other national and international service organizations and associations existing for the benefit of young, aged, handicapped or stricken persons and soliciting or selling for the purpose of self-perpetuation and which may be registered as charitable organizations with the state or federal government.
- (7) School children selling goods, wares or merchandise where the funds or proceeds of the sale are to be applied exclusively for a function or organization sponsored or approved by the school where such children attend.
- (8) Any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.
- Any natural person, association, partnership, firm, organization or corporation.
- The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or be entering in or upon private property, within the Township.
- Any person who shall engage in soliciting as herein above defined.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
Every person desiring to engage in soliciting or peddling in the Township shall first make application to the Secretary of the Board of Supervisors for a license. A fee in an amount to be established from time to time by resolution of the Township shall be paid to the Township Secretary for processing of application for license. If such person shall also be required to obtain a license from any state or county offices, he or she shall, when making such registration, exhibit a valid license from such state or county offices. The application shall be upon a blank form provided by the Township Secretary and shall contain at least the following information verified by oath or affirmation:
Proof of the identity, including date of birth, photo ID, home address of the applicant and the name and address of the employer or firm which such applicant represents;
A description of the nature, character and quality of the goods to be sold;
If employed by another, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal as the case may be;
If a motor vehicle is to be used, a description of the vehicle including make, model and color together with the motor vehicle state and license plate number;
A description of the proposed location(s) of the solicitation;
The hours for which the license to engage in peddling or soliciting is desired;
A statement as to whether or not the applicant has ever been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed there;
A statement as to whether or not the applicant or any agent has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details;
Written proof of his authority to represent the company or individual he states he represents.
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
To ensure the protection of the public health, safety and general welfare, each application for license will be required to undergo a criminal background check. Criminal background check authorization forms must be filled out and accompanied with the application for license. A fee in an amount to be established from time to time by resolution of the Township shall be paid to the Township Secretary for processing of criminal background check. White Township shall deny an applicant with a criminal history including but not limited to burglary, theft or assault.
No license shall be issued under this chapter until the application fee sum in an amount to be established from time to time by resolution of the Township shall be paid to the Township Secretary, and it shall be for the use of the Township. The application fee shall include the first thirty-day license. Such licenses may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of an amount established from time to time by resolution of the Township Supervisors for each thirty-day period. A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the soliciting or peddling, and shall apply where an employer desires to secure licenses for his employees, agents or servants.
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of an amount established from time to time by resolution of the Township Supervisors for each thirty-day period provided in § 196-4.
Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Township, carry such license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.
It shall be unlawful for any person while engaged in peddling or soliciting to:
Engage in any such business without first obtaining a license therefor in compliance with the provisions of this chapter.
Engage in peddling or soliciting activity between the hours of 8:00 p.m. and 9:00 a.m., and 8:00 p.m. Friday until 9:00 a.m. Monday unless said activity is as a result of a request or an appointment made by the occupant or such activity is authorized pursuant to the terms of a license for a special event.
Engage in peddling or soliciting activity on any federally observed holiday.
Knock, ring the doorbell, or otherwise attempt to gain the attention of the occupant(s) of a building other than at the primary entrance to the building.
Knock, ring the doorbell, or otherwise attempt to gain the attention of the occupant(s) of a residence in the Township where the owner, occupant, or person legally in charge of the premises has posted at the primary entrance to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import, provided that the provisions of this section shall not apply to any solicitor or canvasser who knocks at any door, or rings any bell at the invitation or with the consent of some member of the household at which he so applied for admission.
Engage in peddling or soliciting activities from any vehicle while the vehicle is located upon any street, avenue, boulevard or alley within the Township. This section shall not apply to the delivery of previously ordered merchandise.
Misrepresent the purpose of the solicitation.
Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to make a purchase from that solicitor.
Represent the issuance of a license under this article as an endorsement or recommendation of the Township of White.
Solicit in the Township of White without displaying the required license.
Solicit at locations other than those listed in his application for a license.
Fail or refuse to display such license and identification upon the request of any person demanding the same.
Duplicate, copy or otherwise display a facsimile of a license issued pursuant to this chapter.
Engage in any activity that interferes with the safe and convenient movement of persons and vehicles, creates any hazardous condition or is detrimental to the public health, safety or general welfare.
Persons licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling Monday through Friday, 9:00 a.m. until 8:00 p.m. No person shall engage in peddling or soliciting activity between the hours of 8:00 p.m. Friday until 9:00 a.m. Monday unless said activity is as a result of a request or an appointment made by the occupant or such activity is authorized pursuant to the terms of a license for a special event. No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any federally observed holiday.
Any and all peddlers and solicitors are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign. If such sign is posted, the peddler or solicitor shall immediately and peacefully depart from the property.
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise. No such person shall place or deposit any refuse on any such streets, highways or alleys. No such person shall maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for any longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of the Township, nor shall he use any loud speaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
The Secretary shall keep a record of all licenses issued under this chapter, and from time to time the Township Administrator shall apply for a list of licenses issued hereunder. The Township Administrator shall supervise the activities of all holders of such licenses and make a report to the Board of Supervisors.
Any license issued under this chapter may be suspended at any time by the Secretary of the Township for violation of any of the provisions of this chapter, or for giving false information on any application for a license hereunder or for the applicant or licensee having been convicted of a crime involving moral turpitude after issuance of such license or for the licensee having been convicted for disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township. Appeals from any suspension may be made to the Board of Supervisors at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.